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Criminal Procedure Keyed to Chemerinsky
Padilla v. Kentucky
Citation:559 U.S. 356 (2010)
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
Jose Padilla (Petitioner), a native of Honduras, was a lawful permanent resident of the United States for more than 40 years. He faced deportation after pleading guilty to the transportation of marijuana in his tractor-trailer in Kentucky. He initiated a post-conviction proceeding, claiming that his counsel had provided ineffective assistance. This was because counsel not only failed to advise him of this consequence to his entering the plea, but also assured him that his immigration status would not be affected since he had been in the country for years. Padilla relied on his counsel’s erroneous advice when he pleaded guilty to the drug charges that made his deportation virtually mandatory. He alleged that he would have insisted on going to trial if he had not received incorrect advice from his attorney.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
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- Policy: Identifies the Policy if any that has been established by the case.
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